Letter to County Attorney Alan Polackwich points out the issues with the illegal LDR

Alan,

I am writing to let you know of the violation of Florida law pertaining to Amendment 2007-027.  It was a text amendment to the table of uses in County Code 911.11. There are numerous consistency problems with this amendment. It violates the policies and objectives of the 2020 Comprehensive Plan.

The Florida Statutes provide a definition of what is meant by "consistent."

Section 163.3194(3)(a) , F.S., says:

 

"A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government."

After reading the 2020 Comprehensive Plan, I have found numerous inconsistencies with Indian River County Ordinance 2007-027 and the comprehensive plans policies and objectives.

These inconsistencies and contradictions are in chapter 2. Here are the references.

Policy 1.3: LDRs are the primary instrument of implementing the Comprehensive Plan.

Objective 5:5.1 says LDRs have to be consistent to the Comprehensive Plan.

Objective 15 refers to the LDR's effects on the rights of property owners.

Objective 15.2 says LDRs must be valid for public interest only and with due process.

Once again, this is not about Ocean Concrete.

It is about rights and due process provided by the Constitution. I know this ordinance was not enacted while you were working for the County.  However, I do think that you should consider how this amendment and knowledge of the violations affect your position now.  Please, investigate and put politics aside. So far in my research, I have found that the employees of the County have tried to do the right thing and they should be commended for their effort.  However, it seems that the leadership of the county has bypassed the due process and true reason for enacting this LDR.

By the way, under the Florida Sunshine Law may, I have a copy of the application to make a change or file LDR and a copy of the receipt for the $1500.00 fee?

Thanks for your help.

Warm Regards,

Robert Laakkonen